GUARDIANSHIP

A Guardianship, and more specifically an ETG appointment, enables a Petitioner to make health care decisions on behalf of a Respondent when “there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken.” The court will consider whether the alleged incapacitated person (AIP) is a danger to themselves or others (like the Marchman Act).

One of the benefits of Petitioning the Court for an ETG, is the ability to circumvent HIPAA, and other such laws, that must be considered when an individual becomes eighteen (18) years of age. Generally, a parent, physician or interested person over the age of eighteen (18), who qualifies as a Guardian, can immediately begin to manage the AIP’s medical decisions, receive medical information on behalf of the AIP, authorize treatment based on physician recommendations, change facilities, or any specific medical decisions unique to that particular AIP.

The ETG is good for 90 days, with the ability to renew for an additional ninety (90) days (like the Marchman Act), if a determination of Permanent Guardianship is not heard prior to that time.

For more information or to schedule a consultation,
call (561) 419-6095 or email info@drugandalcoholattorneys.com

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